Partner Visas in Australia: Your complete 2025 guide to reuniting with your loved ones

Navigating an Australian partner visa can feel overwhelming — especially when your future together depends on it. For couples separated by borders or struggling through the complexities of migration law, the process can feel a little bit like a maze that never ends.

At Bamyan Lawyers, we understand that this is more than just paperwork; it’s about building your life and securing your family’s future together in a new, exciting country. This is why we operate as your expert ally, always working towards your goal. We want to cut through the maze of visa types to provide professional, high-quality migration assistance.

That’s why we’ve developed this guide to help break down the partner visa process clearly, so you can take the next step toward permanent residency with confidence.

BOOK A FREE PHONE CALL

Secure your partnership and your future. Talk to one of our highly qualified lawyers today.

1. What is an Australian partner visa?

The Australian partner visa is designed to allow individuals in a committed relationship with an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia.

This type of visa is often a two-stage process, leading toward permanent residency. Initially, you are granted a temporary visa, followed by a permanent visa, provided your relationship remains genuine and continuing.

As experts in partner visas, Bamyan Lawyers can advise you on the specific requirements needed to satisfy case officers that your relationship is authentic and ongoing.

2. Types of partner visas and key differences

Australian migration law offers several options, primarily divided by where the applicant is located at the time of application. Our lawyers handle all the technical details, from subclass numbers (820/801, 309/100, 300) to eligibility criteria.

We translate complex migration law into clear, straightforward steps so you always know where you stand. Let’s go over the different types of visas you can apply for:

Onshore Partner Visa (Subclasses 820 and 801)

This pathway is for applicants who are already in Australia when they apply.

• Subclass 820 (Temporary): This is the provisional partner visa granted first, allowing you to live, work and study in Australia while awaiting the permanent stage.
• Subclass 801 (Permanent): Typically, after two years on the 820 visa, you become eligible to apply for the permanent 801 visa, making you a permanent resident of Australia.
• Requirements: You must be in Australia when you apply, and your relationship must be valid under Australian law.

Offshore Partner Visa (Subclasses 309 and 100)

This pathway is for applicants residing outside Australia when they lodge their application.

• Subclass 309 (Temporary): This provisional visa is granted first, allowing you to travel to Australia to live with your partner.
• Subclass 100 (Permanent): After two years, you become eligible for the permanent 100 visa, granting you permanent residency.
• Requirements: You must be outside Australia when you lodge the application and when the visa is granted.

Prospective Marriage Visa (Subclass 300)

If you are outside Australia and intend to marry your Australian partner within 9 to 15 months of arriving, the Prospective Marriage Visa (subclass 300) may be suitable. This visa allows time to plan your marriage before applying onshore for the 820/801 Partner Visa.

3. Eligibility criteria: Who can apply?

To ensure the best migration option outcome, it is vital to meet the core eligibility criteria. Bamyan Lawy Group will assess your circumstances and let you know if your case has any weak areas, helping you make a strong visa application.

General requirements (Married and de facto spouses)

Australian migration law requires that:

• The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
• The relationship must be genuine and continuing.
• You must be mutually committed to a shared life together to the exclusion of all others.
• You must be living together, or if living apart, the separation must be temporary, not permanent.
• You must both meet Australia’s health and character criteria.

De facto specific requirements

For de facto partners (couples who are not married), it is typically required that the relationship has existed for at least 12 months before application lodgement. You must be able to provide comprehensive evidence to support your claims. Registering your domestic relationship with government authorities is highly recommended.

4. Evidence of a genuine relationship: What counts?

This is the most critical and often most stressful part of the application. The Department of Home Affairs needs to see comprehensive proof across four key aspects of your relationship. We understand this can feel intrusive, but thoroughness is key for a good outcome.

We recommend focusing on these four areas:

1. Financial aspect: Evidence of joint financial commitment (e.g., joint bank accounts, joint lease agreements, shared utility bills).
2. Household aspect: Proof of shared living arrangements (e.g., joint residential leases, shared responsibility for domestic work, mail addressed to both partners at the same address).
3. Social aspect: Evidence that your relationship is known publicly (e.g., joint invitations, social media photos, joint membership in clubs, statutory declarations from friends and family).
4. Commitment aspect: Proof of the duration and mutual commitment (e.g., relationship statements detailing the history, future plans, correspondence during separation periods).

DO organise your evidence early. DON’T submit irrelevant material.

5. How to apply: Step-by-step process

The application process for an Australian Partner Visa is meticulous. Let the experts help you avoid common mistakes and ensure every form is correct.

Here is a simplified roadmap for lodgement that will give you a good idea of the process:

Step 1: Confirm eligibility and gather evidence
Assess which subclass (e.g., 820/801 or 309/100) is right for you, and start compiling the comprehensive evidence checklist.

Step 2: Lodge the Visa application
The visa applicant submits their application, typically online via ImmiAccount.

Step 3: Lodge the sponsorship application
Your Australian partner or citizen must lodge a sponsorship application to ensure the visa application has a valid sponsorship attached to it.

Step 4: Upload supporting documents
All evidence (relationship documents, police clearances, health checks) is uploaded. Missing documentation is a common cause of delays.

Step 5: Wait for the outcome / temporary Visa granted
Once granted, if you are onshore, you receive the 820 visa; if offshore, you receive the 309 visa. Depending on the length of your relationship, you may receive your PR visa together with your temporary visa. It is called a Double Grant.

Step 6: Permanent stage
Two years after lodgement, you must apply for the permanent subclass (801 or 100).

6. Common mistakes and why expert help is essential

A migration lawyer can review your documents before submission to avoid costly delays in your processing. Unfortunately, due to the complexity of the requirements, even small errors can lead to a refusal.

Common mistakes often include:

• Submitting incomplete evidence: Failing to provide enough proof across all four relationship categories.
• Inconsistent timelines: Relationship statements or evidence timelines that contradict each other.
• Not disclosing history: Failure to disclose previous relationships or visa history can lead to character concerns.
• Lodging the wrong subclass: Choosing the incorrect onshore or offshore visa, which can complicate the process.

This is where the Bamyan Lawyers’ difference comes in. We are experienced in identifying weak areas and ensuring your application is not rejected for reasons like missing or incorrect documents.

This means you get the best chance at a successful outcome and we will be with you every step of the way.

7. Partner Visa costs and processing times

We understand that costs and processing times are often the most searched and stressful questions.

While government application fees can be substantial (you should verify the latest fee, it is $9,365 in 2025), there are additional costs to consider, such as health checks, police clearances, and translation fees.

Processing times

Processing times can vary significantly based on individual circumstances, the volume of applications, and most importantly, the completeness and quality of the evidence you submit.

As a general guide, you can expect the process to take anywhere between 9 months and 30 months or more, depending on the visa subclass, whether you’re applying onshore or offshore, and how decision-ready your application is when submitted.

Preparing strong, consistent evidence and responding promptly to any requests from the Department can make a real difference in keeping your application moving.

When the stakes are this high, expertise isn’t optional — it’s essential. We work closely with you to ensure you have the best migration outcome possible.

Building your future together in Australia

A successful partner visa is the doorway to building your future together in this great nation of Australia. Whether you’re applying onshore for the subclass 820 or offshore for the subclass 309, preparation, accuracy and strong evidence are key.

Allow us to simplify the legal maze and guide you toward permanent residency.

BOOK A FREE PHONE CALL

SPEAK WITH ONE OF OUR IMMIGRATION LAWYERS TO GET MORE HELP WITH YOUR PARTNER VISA.